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(영문) 인천지방법원 2017.12.19 2017가합52640

물품대금

Text

1. The defendant's currency of the United States of America 409,988.70, currency of the People's Republic of China 47,540.36, respectively, to the plaintiff.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff, a company located in the People's Republic of China (hereinafter referred to as "China"), supplied the instant goods to the Defendant via 115 U.S. dollars from March 26, 2014 to November 5, 2016 (hereinafter referred to as "$ 2,569,281.48 (hereinafter referred to as "$") and China's currency 705,315.36 bills (hereinafter referred to as "commen") (hereinafter referred to as "commenity"), among which the Plaintiff supplied the instant goods equivalent to USD 409,708.70,470,4750, and 3640.36 (hereinafter referred to as "commen") among the goods, the price of the instant goods was not paid.

In addition, the Plaintiff did not pay the price of the goods as above and sustained losses amounting to USD 69,698.08 ($ 409,988.70 x 0.17), 8,081.86 (=47,540.36 x 0.17).

Therefore, the Defendant is obligated to pay damages for delay under the Commercial Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings of the Republic of Korea for the following amounts: USD 479,686.78 ($ 409,988.700 not to be refunded for the unpaid goods), KRW 55,622.22 (i.e., the increase in the amount of unpaid goods not to be refunded for 47,540.36) and each of the above amounts (i.e., 8,081.86).

B. Defendant 1) The Plaintiff is not a party to a contract for the supply of the instant goods, but merely an intermediary, and the Defendant is not obligated to pay the unpaid goods to the Plaintiff. 2) Even if the Defendant is a party to a contract for the supply of the instant goods, the instant goods supplied by the Plaintiff are mixed with defective goods, and thus, the Defendant is not obliged to pay the unpaid goods to the Plaintiff.

2. Confirmation of contracting parties:

(a)a party to a contract generally;